Inter-country Adoption

Special Proceedings
Cal, Escueta, Mantaring, Naval
Inter-Country Adoption
- the socio-legal process of adopting a Filipino child by a foreigner or a
Filipino citizen permanently residing abroad where the petition is filed,
the supervised trial custody is undertaken, and the decree of adoption is
issued outside the Philippines.
Inter-Country Adoption vs. Domestic Adoption
Definition of “Child”

a person below fifteen (15) years of a person below eighteen (18) years
age unless sooner emancipated by of age
law.
Inter-Country Adoption vs. Domestic Adoption
Who May Adopt

Adoption by non-residents Adoption by residents of the

Philippines
(Alien or Filipino permanently
residing abroad may file an
application)

- At least 27 years of age

Inter-Country Adoption vs. Domestic Adoption
Where to File

RTC or the Inter-Country Adoption Family Court

Board (ICAB)
Inter-Country Adoption vs. Domestic Adoption
Residency Requirement

No residency requirement Three continuous years prior to

filing

- Residence must be maintained

until adoption decree is
entered
Inter-Country Adoption vs. Domestic Adoption
As to Joint Application by Spouses

No exceptions Exceptions:

1. if one spouse seeks to adopt

the legitimate son/daughter of
the other; or
2. if one spouse seeks to adopt
his/her own illegitimate
son/daughter; or
3. if the spouses are legally
separated from each other.
Amended Implementing Rules
and Regulations
DEFINITION OF IMPORTANT TERMS
“Accreditation of Local Child Caring Agency/Child Placing Agency” shall
refer to the recognition of a social welfare development program or service
that such is implemented by a social welfare and development agency in
compliance with appropriate standards evidenced by a certificate of
accreditation issued by the Department of Social Welfare and Development.

“Accreditation of Foreign Adoption Agencies” shall refer to the recognition

granted by the Board to a Foreign Adoption Agency duly licensed by the state
welfare authority in a Non-Contracting State as meeting the official
requirements to participate in the Philippine Inter-country Adoption Program.
DEFINITION OF IMPORTANT TERMS
“Board” shall refer to the Inter-Country Adoption Board which is the Central
Authority in matters relating to inter-country adoption and the policy-making
body for the purposes of carrying out the provisions of R.A. 8043 and the
Convention;
“Matching” shall refer to the judicious pairing of the applicant and the child to
promote a mutually satisfying parent-child relationship
“Central Authority” shall refer to the key governmental entity which is
responsible for carrying out the provisions of the Convention;
“Child Placing Agency” shall refer to an institution licensed by the
Department to assume the care, custody, protection and maintenance of
children for purposes of adoption, guardianship or foster care;
DEFINITION OF IMPORTANT TERMS
“Foreign Adoption Agency” shall refer to the State Welfare Agency or the
licensed and accredited agency in the country of the foreign adoptive parents
that provides comprehensive social services and is duly recognized by the
Board;

“Inter-Country Adoption” shall refer to the socio-legal process of adopting a

child by a foreign national or a Filipino citizen permanently residing abroad
where the petition for adoption is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued in the foreign country where
the applicant resides thereby creating a permanent parent-child relationship
between the child and the adoptive parents
ARTICLE I: GENERAL PROVISIONS
SECTION 1. POLICY OBJECTIVES. - It is the policy of the State to ensure that
every child shall grow up in a family that will provide such child with love
and care as well as opportunities for growth and development. Towards
this end, efforts shall be exerted to place every child who is legally free for
adoption, with an adoptive family in the Philippines. The State shall take
measures and safeguards to ensure that inter-country adoption is
allowed when the same shall prove beneficial to the child’s best
interests and shall serve and protect his/her fundamental rights. In this
respect, the State shall establish a system of cooperation with other States,
through their respective Central/Competent Authorities and accredited bodies
to prevent the sale, trafficking and abduction of children.
INTER-COUNTRY ADOPTION BOARD
- To prescribe rules and regulations;
- To set the guidelines;
- To determine a reasonable schedule of fees and charges;
- To determine the form and content of the application for inter-country
adoption;
- To formulate and develop policies, programs and services;
- To promote the development of adoption services;
- To accredit and authorize foreign private adoption agencies;
- To prepare, review, modify and recommend to the Department of Foreign
Affairs, Memoranda of Agreement on inter-country adoption consistent
with the implementation of this Act and its stated goals;
SECRETARIAT
- SECTION 7. EXECUTIVE DIRECTOR. - The Executive Director shall
head the Secretariat. He/she shall be appointed by the Chairperson
with the concurrence of the majority of the Board. The Executive
Director shall serve a term of six (6) years and may be reappointed by
the Chairperson for another term with the concurrence of the Board.

- SECTION 9. QUALIFICATIONS OF THE EXECUTIVE DIRECTOR. - The

Executive Director shall have the qualifications of a Director IV,
preferably with a master’s degree in Social Work or its equivalent in a
related discipline, and at least three (3) years of supervisory
experience.
INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE

SECTION 12. COMPOSITION. - The Board shall maintain two (2) teams for
the Placement Committee with the following representations for each
team of consultants: a child psychiatrist or psychologist, a medical
doctor, a lawyer, a registered social worker, and a representative of a
nongovernmental organization engaged in child welfare. The two (2)
teams of the Placement Committee shall be scheduled to attend the Matching
Conference alternately once a week. Provided, that in every matching
conference, there must be a quorum of three (3) members. The Board shall
appoint qualified persons who shall serve in the Committee for a term of two
(2) years which may be renewed twice at the discretion of the Board.
INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE

SECTION 13. FUNCTIONS OF THE COMMITTEE. - The Committee shall

have the following functions:
a. Carry-out an integrated system and network of selection and
matching of applicants and children;
b. Recommend to the Board approval of applications and matching
proposals;
c. Assist the Board in its accreditation function;
d. Act as consultants to the Secretariat in their area/field of expertise;
e. Perform such other functions and duties as may be determined by
the Board.
AUTHORIZATION AND ACCREDITATION
SECTION 17. LOCAL CHILD CARING AND CHILD PLACING AGENCIES. - Only
local child caring and placing agencies accredited by the Department and
with personnel and facilities to undertake comprehensive child welfare
program can participate in the inter-country adoption program. Child caring
agencies/child placing agencies are required to apply for their accreditation
by the Department within one (1) year from the date of issuance of their
license. The Board authorizes the Department to accredit child caring
agencies/child placing agencies to participate in the inter-country adoption
program.
AUTHORIZATION AND ACCREDITATION
SECTION 18. FOREIGN ADOPTION AGENCIES. - Foreign adoption agencies from
both Contracting States and Non-Contracting States can participate in the
Philippine Inter-country Adoption program. An authorization is granted by
the Board to a foreign adoption agency coming from a Contracting State.

The Central Authorities of Contracting States may adopt a system of

cooperation to implement the process of authorization. An accreditation is
granted by the Board to a foreign adoption agency coming from Non-
Contracting States.
AUTHORIZATION AND ACCREDITATION
The Board shall determine if the authorization
or accreditation can be done through desk
review of submitted documents or through
ocular visit.
AUTHORIZATION AND ACCREDITATION
SECTION 20. RENEWAL OF AUTHORIZATION/ACCREDITATION. -
An FAA shall notify the Board of its interest in renewing its
authorization/accreditation at least sixty (60) days before
the expiration of its authorization/accreditation. The Board
shall act on its application for renewal within thirty (30) working
days upon receipt. When there are violations or complaints
against the FAA, in which case, appropriate action shall be
undertaken by the Board.
AUTHORIZATION AND ACCREDITATION
SECTION 22. LIAISON SERVICES. - Only a non-profit licensed and accredited
child caring or child placing agency shall be authorized to serve as liaison
of a foreign adoption agency with its dealings with the Board.

The Board shall periodically review the liaison services of the agency and may
terminate any such service when, after a thorough evaluation, the agency is
proven to have violated the requirements under these Rules. The agency
concerned shall be given prior notice as provided for in Section 23.
SUSPENSION OR REVOCATION OF AUTHORIZATION OR
ACCREDITATION
a) Giving or accepting directly or indirectly, any consideration, money,
goods or services in exchange for an allocation of a child in violation of the
Rules;

b) Misrepresenting or concealing any vital information required under the

Rules;

c) Offering money, goods or services to any member, official or employee,

or representative of the Board, to give preference in the adoption process
to any applicant;
SUSPENSION OR REVOCATION OF AUTHORIZATION OR
ACCREDITATION
d) Advertising or publishing the name or photograph of a child for
adoption to influence any person to apply for adoption. However, in cases of
hard to place children where Special Home Finding efforts may have to be
undertaken, guidelines shall be promulgated by the Board.

e) Failure to perform any act required under the Rules which results in
prejudice to the child or applicant;

f) Appointing or designating any liaison or agent without the prior approval

of the Board; and g) Any other act in violation of the provisions of the Act, the
implementing rules and regulations and other related laws or issuances of the
Board.
ADOPTION PROCESS
Art. III Sec. 7 Inter-country Adoption as last resort
The Board shall ensure that all possibilities for adoption of the child under
the Family Code have been exhausted and that inter-country adoption is
in the best interest of the child. Towards this end, the Board shall set up the
guidelines to ensure that steps will be taken to place the child in the
Philippines before the child is placed for inter-country adoption: Provided,
however, That the maximum number that may be allowed for foreign
adoption shall not exceed six hundred (600) a year for the first five (5) years.
Article VII Inter-country Adoption Process
SECTION 26. WHO MAY BE ADOPTED (ONLY LEGALLY FREE CHILDREN)

Any child who has been voluntarily or involuntarily committed to the

Department as dependent, abandoned or neglected pursuant to the
provisions of the Child and Youth Welfare Code may be the subject of Inter-
Country Adoption;

Provided that in the case of a child who is voluntarily committed, the physical
transfer of said child shall be made not earlier than six (6) months from
the date of execution of the Deed of Voluntary Commitment by the
child’s biological parent/s or guardian. Provided further, however, that this
prohibition against physical transfer shall not apply to children being adopted by a
relative or to children with special medical conditions.
SECTION 27. WHO MAY ADOPT.
Any foreign national or Filipino citizen permanently residing abroad who has
the qualifications and none of the disqualifications under the Act may file an
Application if he/she:

a. Is at least twenty-seven (27) years of age and is at least sixteen (16)

years older than the child to be adopted at the time of the filing of the
application, unless the applicant is the parent by nature of the child to be
adopted or is the spouse of such parent by nature;
SECTION 27. WHO MAY ADOPT.
b. Has the capacity to act and assume all the rights and responsibilities
incidental to parental authority under his/her national law;

c. Has undergone appropriate counseling from an accredited counselor in

his/her country;

d. Has not been convicted of a crime involving moral turpitude; 


e. Is eligible to adopt under his/her national law; 


SECTION 27. WHO MAY ADOPT.
d. Can provide the proper care and support and give the necessary moral
values and example to the child and, in the proper case, to all his/her
other children; 


e. Comes from a country 


(i). With whom the Philippines has diplomatic relations;
(ii). Whose government maintains a foreign adoption agency; and
(iii). Whose laws allow adoption; and

h. Files jointly with his/her spouse, if any, who shall have the same
qualifications and none of the disqualifications to adopt as prescribed above.
SECTION 30. WHERE TO FILE APPLICATION.
The application shall be filed with the Board through the Central Authority
or an accredited Foreign Adoption Agency (FAA) in the country where the
applicant resides. Foreigners who file a petition for adoption in the Philippines
under the Domestic Adoption Act of 1998 otherwise known as RA 8552, the
Court, after finding the petition to be sufficient in form and substance and a
proper case for inter- country adoption, shall immediately transmit the
petition to the Board for appropriate action. The Board shall then act on the
application following the procedures described in these Rules.
SECTION 31. ROSTER OF APPROVED APPLICANTS.

The Board shall establish a Roster of Approved Applicants to be updated at

least quarterly. The Board shall act on each application within one (1) month
from receipt thereof, provided the application and documentary requirements
are complete.
SECTION 32. ENDORSEMENT OF CHILD FOR INTER-
COUNTRY ADOPTION
A child who has been committed to the Department and who may be available
for inter-country adoption shall be endorsed by the Department to the
Board. The endorsement shall contain a certification by the Department that
all possibilities for adoption of the child in the Philippines have been
exhausted and that inter-country adoption is in the best interests of the child.

In cases of relative adoption, a Certification issued by the DSWD Field Office

Director together with the Child Study Report (CSR) and other supporting
documents shall be endorsed to the Board.
SECTION 34. ROSTER OF CHILDREN CLEARED FOR
INTER-COUNTRY ADOPTION.
A Roster of Children endorsed by the Department for inter-country adoption
shall be prepared, maintained and updated by the Secretariat on a
monthly basis.
SECTION 35. MATCHING
The matching of the child with an applicant shall be carried out during a
matching conference by the Committee together with the head or social
worker of the agency or the Secretariat social worker of the ICAB to whom the
presentation is delegated . The Board shall set the guidelines for the manner
by which the matching process shall be conducted. These are the matching
procedures:
SECTION 35. MATCHING
a. Pre-Matching
i. Review of Adoption Dossiers 

ii. Submission of Matching Proposal 


B. Matching Conference Presentation of the Social Worker 


I. Deliberations 

II. ICPC Recommendation 


c. Post Matching Conference

I. Presentation by the ICAB Secretariat Social Worker 


Ii. Board Action 


SECTION 38. NO CONTACT BETWEEN APPLICANT
AND CHILD’S PARENTS.
No matching arrangement except under these Rules shall be made between
the applicant and the child’s parents/guardians or custodians, nor shall
any contact between them concerning a particular child be done before
the matching proposal of the Committee has been approved by the
Board. This prohibition shall not apply in cases of adoption of a relative or in
cases where the child’s best interests as determined by the Board is at stake.
SECTION 39. PLACEMENT AUTHORITY.
The Board shall issue the Placement Authority within three (3) working
days upon receipt of the applicant’s acceptance of the matching
proposal and the corresponding fees from the Central Authority or the
FAA.

The Board shall transmit a copy of the Placement Authority to the Department
of Foreign Affairs and to the Central Authority or FAA.
SECTION 42. PHYSICAL TRANSFER OF THE CHILD.
The adoptive parents or anyone of them shall personally fetch the child from
the Philippines not later than twenty (20) working days after notice of issuance
of the visa of the child for travel to the country where the applicant resides.
The applicant shall stay in the country with the child for at least five (5)
days to allow bonding to occur between and among them.

Should the applicants be unable to fetch the child/children within the said
period, a letter from the CA or FAA explaining such shall be required. The
unauthorized failure of the applicant/s to fetch the child within said period
may result in the cancellation of the Placement Authority.
SECTION 50. CONSENT TO ADOPTION.
If a satisfactory pre-adoptive relationship is formed between the applicant/s
and the child, the Board shall transmit an Affidavit of Consent to the
Adoption executed by the Department to the Central Authority and/or the
FAA within fifteen (15) days after receipt of the last post placement report.
SECTION 51. FILING OF PETITION FOR ADOPTION.
The Central Authority and/or the FAA shall ensure that the applicant/s file
the appropriate petition for the adoption of the child to the proper court
or tribunal or agency in accordance with their national law.
SECTION 52. DECREE OF ADOPTION.
A copy of the final Decree of Adoption or its equivalent, including the
Certificate of Citizenship/Naturalization, whenever applicable, shall be
transmitted by the Central Authority and/or the FAA to the Board within one
(1) month after its issuance. The Board shall require the recording of the
final judgment in the appropriate Philippine Civil Registry.
What if the adoption process is not a success?
Possible Scenarios:
1. Failure of Physical Transfer (Sec. 43)
2. Disruption and Termination of Placement (Sec. 47 and 48)
A. New Placement
3. Repatriation (Sec. 49)
SECTION 47. DISRUPTION AND TERMINATION OF
PLACEMENT.
In the event of serious damage in the relationship between the child and the applicant/s
where the continued placement of the child is not in his/her best interests, the Central
Authority and/or the FAA shall take the necessary measures to protect the child, in
particular, to cause the child to be withdrawn from the applicant/s and to arrange for
his/her temporary care.

The Central Authority and/or FAA shall exhaust all means to remove the cause of the
unsatisfactory relationship which impedes or prevents the creation of a mutually
satisfactory adoptive relationship. A complete report should be immediately forwarded to
the Board with actions taken as well as recommendations and appropriate plans. Based on
the report, the Board may terminate the pre-adoptive relationship.
In every instance, the collaboration between and among the Central Authority and/or the FAA
and the Board shall be carried out to ensure the protection of the child.
SECTION 48. NEW PLACEMENT FOR CHILD.
In the event of termination of the pre- adoptive relationship, the Board shall
identify from the Roster of Approved Applicants a suitable family with
whom to place the child. The Central Authority and/or the FAA may also
propose a replacement family whose application shall be filed for the
approval of the Board. No adoption shall take place until after the Board has
approved the application of such replacement family.

Taking into consideration the age and degree of maturity of the child, he or
she shall be consulted and, when appropriate, his or her consent shall be
obtained.
SECTION 49. REPATRIATION OF THE CHILD.
If the Board, in coordination with the Central Authority and/or the FAA is
unable to find a suitable replacement family for the child within a reasonable
period after the termination of the pre-adoptive relationship, the Board, as
a last resort, shall arrange for the child’s repatriation. The current
prospective adoptive parents through the CA/FAA shall shoulder the cost of
the child’s repatriation. The Board shall inform the Department, the Child
Caring/Placing Agency concerned and the Department of Foreign Affairs of the
decision to repatriate the child.
 OCA Circular 213-2017
Re: Approved Resolution No. 02-1017 of the Committee on Family Courts
and Juvenile Concerns.
Home Study Report in Inter-Country Adoption
If the adopter is an alien, the Home Study Report (HSR) must:

● be prepared by a foreign adoption agency duly accredited by the Inter-

Country Adoption Board (ICAB)
● show the alien’s legal capacity to adopt
● show that the alien’s government allows the adoptee to enter his
country as his adopted child
Waiver of Requirements
For alien petitioners, the following requirements may be waived:

● The residency requirement

● The certification of the alien’s qualification to adopt in his country
Waiver of Requirements
The residency requirement and the certification as to the legal capacity to
adopt may be waived under the following instances:

1. a former Filipino citizen who seeks to adopt a relative within the 4th
degree of consanguinity or affinity; or
2. one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse;
3. one who is married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the 4th degree of consanguinity or affinity
of the Filipino spouse
Waiver of Requirements
The certification that the alien’s government allows the adoptee to enter the
alien’s country as the alien’s adopted child shall not be waived

Previously there were petitions for adoption that were granted but the child
was not allowed to enter the alien’s country
Thank You!